Case law

Gibbon v. Young Women's Christian Ass'n

170 Ohio St. (N.S.) 280 · Ohio Supreme Court · Jan 27, 1960

It may also remove immunities judicially established over the years. … states would belabor this opinion beyond all reasonable length, particularly, if we were to begin with Massachusetts where the rule of immunity was first established in this country under a false concept of English decisions

State v. Morgan

164 Ohio St. (N.S.) 529 · Ohio Supreme Court · Feb 23, 1956

That case concerned the constitutionality of the Post-war Program Commission which was established by a special act of the 95th General Assembly. … The principle established is that full and complete immunity against prosecution by the government compelling the witness to anstoer is equivalent to the protection furnished by the rule against com-, pulsory self-incrimination

State v. Willan

144 Ohio St. 3d 94 · Ohio Supreme Court · Apr 21, 2015

Determining that false representation qualifies as “corrupt activity” requires only statutory application, not judicial fact-finding. … On three clearly delineated occasions, Willan falsely represented his business to the state in order to exempt his securities sales from registration. The first incident occurred on November 24, 2004.

State ex rel. Federle v. Warren Cty. Bd. of Elections (Slip Opinion)

156 Ohio St. 3d 322 · Ohio Supreme Court · Mar 13, 2019

To establish this element, the Federles must show that the board engaged in fraud or corruption, abused its discretion, or clearly disregarded applicable legal provisions. McCord at ¶ 30. … Wayne Township Zoning Code 2.506.1(C) notes that only properties with an underlying zone of R-1 can qualify for a VT-PUD overlay and that properties with an underlying zone other than R-1 require rezoning to R-1 to qualify

State v. McKee

91 Ohio St. 3d 292 · Ohio Supreme Court · Apr 11, 2001

Therefore, the court followed the established common law and held that expert testimony in some form is required. … Under Evid.R. 701, a properly qualified lay witness may render an opinion on the identity of a controlled substance.

State ex rel. Reese v. Cuyahoga County Board of Elections

115 Ohio St. 3d 126 · Ohio Supreme Court · Sep 7, 2007

Lacking any evidence of fraud or corruption here, Reese must establish that the board of elections abused its discretion or clearly disregarded applicable law by denying her protest and certifying the nonpartisan candidacy … R.C. 1901.02(B). {¶ 21} The board of elections concluded that Judge Gravens qualified as a nonpartisan candidate for municipal court judge.

Hile v. City of Cleveland

118 Ohio St. 99 · Ohio Supreme Court · Feb 8, 1928

His service demonstrated and established his capacity to fill the place. … That decision clearly held that power such as exercised in tbe instant case was conferred upon tbe city by Section 3, Article XVIII, of the Constitution.

Motorists Mutual Insurance Companies v. Handlovic

23 Ohio St. 3d 179 · Ohio Supreme Court · Apr 30, 1986

at 174 . “* * * [E]ven if * * * [appellants] compelled * * * [Motorists] to arbitrate this matter and received a damage award [in excess of that received as a result of their action against Ballantyne], that result would clearly … Co. (1986), 23 Ohio St. 3d 108 (insurer obligated to provide uninsured motorist coverage to insured in spite of the uninsured motorist’s conditional immunity from liability under workers’ compensation statutes).

Ares, Inc. v. Limbach

51 Ohio St. 3d 102 · Ohio Supreme Court · May 23, 1990

Since the reduction depends on legislative grace, the statute must clearly express the exemption, Cleveland v. … The BTA did not clearly rule on whether Ares was a manufacturer. In any event, Ares is a manufacturer.

State Ex Rel. Indian Hill Acres, Inc. v. Kellogg

149 Ohio St. 461 · Ohio Supreme Court · May 5, 1948

That contract obligated the city to render service to any part of the 11 sewer districts established by the. county, which districts it is stated covered more than half of the county. … The recitals in the ordinance clearly evidence the adopted policy of the council, *475 which presumably was in the interest of the, city of Cincinnati and its inhabitants.

State Ex Rel. Rogers v. Green

130 Ohio St. 323 · Ohio Supreme Court · Dec 26, 1935

The charter of the city fixes forty-eight hours per week as the maximum for city employees, but establishes no minimum. … secure the effective and efficient operation and enforcement of the merit system. • Hence, any rule which promotes such purpose and prevents the evasion thereof cannot be held to be inconsistent with the charter, unless clearly

State ex rel. Colvin v. Brunner

120 Ohio St. 3d 110 · Ohio Supreme Court · Sep 29, 2008

Douglas Moody, are qualified electors of the state of Ohio. … relators claimed in their initial merit brief to “clearly set forth” the “qualifications to be entitled to vote in the State of Ohio.”

State, Ex Rel. v. Bd. of Edn.

139 Ohio St. 427 · Ohio Supreme Court · Mar 25, 1942

In recent years, legislation in the form of teachers tenure acts has been enacted by a number of states for the protection of those established and qualified in the teaching profession and to prevent their arbitrary dismissal … boards of education, to enter into continuing contracts with qualified teachers, terminable for cause.

State v. Nabozny

54 Ohio St. 2d 195 · Ohio Supreme Court · May 10, 1978

The focal point of appellant’s contention is that the government failed to qualify for the exception established in Section 2518(7), Title 18, U. S. … That this concept is clearly within the minimal intent of Section 2518(7), Title 18, U. S.

Osborn v. City of Akron

171 Ohio St. (N.S.) 361 · Ohio Supreme Court · Dec 21, 1960

Clearly, therefore, since the collection of garbage is a governmental function, the necessary adjunct thereto, the disposition of such garbage, is also a governmental function. … For an injured person to recover under the provisions of this statute, he must necessarily establish facts which bring him within its operation.

France v. State

57 Ohio St. (N.S.) 1 · Ohio Supreme Court · Oct 26, 1897

administration of family remedies; and this act shall not apply to any commissioned medical officer of the United States army, navy or marine hospital service in the discharge of his professional duties, nor to any legally qualified … Justice Field clearly distinguishes that case from those of (Cummings v.

Columbus Bar Association v. Lindner

150 Ohio St. 3d 317 · Ohio Supreme Court · Jun 21, 2017

Although Lindner failed to satisfy all four elements necessary to establish a mental or substance-use disorder as a mitigating factor under Gov.Bar R. … resulting from that assessment, (2) complied with an established substance-abuse treatment program, and (3) received a prognosis from a qualified 6

White v. Board of Zoning Appeals

6 Ohio St. 3d 68 · Ohio Supreme Court · Jul 27, 1983

However, appellant argues that the home she wishes to establish is allowed as an accessary use under the resolution. … as a family home for two mentally retarded adults qualifies as an “accessory use” as that term is defined by Section 200.1(1).

Thacker v. Board of Trustees of Ohio State University

35 Ohio St. 2d 49 · Ohio Supreme Court · Jun 27, 1973

In Krause , it was clearly a governmental function which was involved. … been established, violates the principle of stare decisis.

C.D.S., Inc. v. Village of Gates Mills

26 Ohio St. 3d 166 · Ohio Supreme Court · Aug 25, 1986

be determined in conformance with this chapter and shall be provided for as a condition precedent to the occupancy and use of such building or structure: “(a) Whenever a building or structure is constructed or a new use established … Since appellee’s building was never a nonconforming use, the Zoning Code use exception provision is clearly inapplicable and the trial court was correct in granting summary judgment as a matter of law.